High Court of Bombay

4,240 judgments

Year:

M/s. Shrinath Cotfab & Ors. v. The Authorised Officer, Canara Bank & Ors.

09 Aug 2024 · A.S. Chandurkar; Rajesh S. Patil

The Bombay High Court upheld the DRAT order requiring pre-deposit based on the entire outstanding debt under SARFAESI Act when the challenge is to Section 13(4) measures, dismissing the petitioners' plea to limit it to the auction sale price.

civil petition_dismissed Significant SARFAESI Act Section 18(1) pre-deposit Debts Recovery Appellate Tribunal

Invest Assets Securitisations & Reconstruction Private Limited v. Bank of Baroda

08 Aug 2024 · A.S. Chandurkar; Rajesh S. Patil

The Bombay High Court dismissed the writ petition challenging an auction sale for non-compliance with Regulation 37(1) of the Debts Recovery Tribunal Regulations, holding that the assignee waived the mandatory procedural requirement by failing to raise timely objections.

civil petition_dismissed Significant Debts Recovery Tribunal Regulations 2015 Regulation 37(1) valuation of immovable property reserve price fixation

Sachin Manohar Khambe v. The State of Maharashtra

08 Aug 2024 · Bharati Dangre; Manjusha Deshpande

The Bombay High Court upheld the State Government’s categorization of a convict serving concurrent life sentences under stricter remission guidelines, ruling that concurrent sentences under Section 427(2) CrPC justify applying the 2010 remission policy requiring 30 years imprisonment including remission.

criminal petition_dismissed Significant life imprisonment remission concurrent sentence Section 427 CrPC

Saraswat Co-operative Bank Ltd v. Purnanadu Shekharmal Jain

08 Aug 2024 · Revati Mohite Dere; Prithviraj K. Chavan

The Bombay High Court held that the SARFAESI Act provisions override the MPID Act in respect of properties mortgaged prior to attachment, quashing the MPID attachment to uphold the secured creditor’s rights.

criminal appeal_allowed Significant SARFAESI Act MPID Act secured creditor mortgage priority

Amrapali Sakharam Kamble v. The District Collector

08 Aug 2024 · Gauri Godse

The Bombay High Court upheld the validity of a No-Confidence motion against a Gram Panchayat Sarpanch, ruling that procedural compliance and the majority’s will must be respected, and dismissed the petitioner’s challenge under Articles 226 and 227.

administrative petition_dismissed Significant No-Confidence motion Maharashtra Village Panchayat Act, 1958 Section 35 Bombay Village Panchayats Rules, 1975

The Municipal Commissioner Pune Municipal Corporation v. Ms Safia Abdul Salam Shaikh

08 Aug 2024 · K. R. Shriram; Jitendra Jain

The Bombay High Court held that the Maharashtra State Minorities Commission lacks jurisdiction to pass binding orders on employment promotions, quashing its order directing retrospective promotion and benefits.

administrative appeal_allowed Significant Maharashtra State Minorities Commission Act, 2004 jurisdiction adjudicatory powers executive orders

Shree Machhi Mahajan v. The Collector

08 Aug 2024 · G. S. Kulkarni; Advait M. Sethna

The High Court quashed an order deleting a society's name from land records for violation of natural justice, directing fresh consideration after hearing the petitioner.

administrative appeal_allowed Significant natural justice opportunity of hearing show cause notice land records

Riyaz Ismail Machhiwala & Anr. v. The State of Maharashtra & Anr.

07 Aug 2024 · B. P. Colabawalla; Firdosh P. Pooniwalla · 2014 (6) Mh.L.J. 829

The Bombay High Court held that the one-time premium under the 2019 and 2021 Government Resolutions can only be charged on exempted surplus vacant land under Section 20 of the ULC Act, directing refund of excess premium paid on the entire land.

administrative petition_allowed Significant Urban Land (Ceiling and Regulation) Act, 1976 Section 20 exemption one-time premium Government Resolution 2019

Gandharva Dhaneshwar Patil v. State of Maharashtra

07 Aug 2024 · R.M. Joshi

The Bombay High Court held that the Collector is not mandatorily required to refer disputes under Section 76 of the Land Acquisition Act and dismissed the petition challenging refusal to refer compensation dispute to the Authority.

property petition_dismissed Significant Section 64 Section 76 Right to Fair Compensation and Transparency in Land Acquisition Act, 2013 Collector's discretion

Dashrath Shiva Korlekar v. Devendra Murari Korlekar & Ors.

07 Aug 2024 · Milind N. Jadhav

The Bombay High Court held that amendments to pleadings after evidence closure require due diligence and cannot be allowed to expand the suit's scope or parties known at inception, quashing the trial court's order permitting such amendment at final arguments stage.

civil appeal_allowed Significant Order VI Rule 17 CPC amendment of pleadings partition suit due diligence

Nirmal Bang Securities Pvt. Ltd. v. Shashi Mehra HUF

07 Aug 2024 · Sandeep V. Marne

The Bombay High Court upheld arbitral awards holding that authorized trades confirmed by the investor cannot be disowned to claim refund of brokerage, dismissing the petition challenging refund direction.

civil petition_dismissed Significant authorized trades brokerage refund arbitration award Section 34 Arbitration Act

Eka Academy Private Limited v. Union of India

06 Aug 2024 · K.R. Shriram; Jitendra Jain

The Bombay High Court held that a written admission of tax liability before the SVLDRS cut-off date constitutes quantification, quashing the rejection of the petitioner’s declaration and directing fresh consideration.

tax appeal_allowed Significant Sabka Vishwas Legacy Dispute Resolution Scheme service tax tax quantification cut-off date

Shri Madhukar Mahadev Patil v. Sangli Zilla Madhyawarti Sahakari Bank Ltd.

06 Aug 2024 · GAURI GODSE J

The Bombay High Court held that Cooperative Courts lack jurisdiction over service disputes between cooperative societies and employees under Section 91 of the MCS Act, dismissed the petitioner's dispute, and allowed filing a civil suit with limitation protection.

civil petition_allowed Significant Cooperative Court jurisdiction Maharashtra Co-operative Societies Act service dispute Order VII Rule 10 CPC

Divvela Ramaiah v. Union of India

06 Aug 2024 · B. P. Colabawalla; Firdosh P. Pooniwalla

The Bombay High Court upheld Regulation 10 of the 2017 Regulations restricting Certificates of Practice to Fellow Members of the Institute of Actuaries of India, holding it constitutionally valid and consistent with the Act.

administrative petition_dismissed Significant Certificate of Practice Institute of Actuaries of India Associate Member Fellow Member

Indo Allied Protein Foods Pvt. Ltd. v. The State of Maharashtra

05 Aug 2024 · Devendra Kumar Upadhyaya, CJ; Amit Borkar, J

The Bombay High Court upheld a pre-qualification tender condition requiring experience of providing 300 labourers at 70 locations as valid and not arbitrary, dismissing writ petitions challenging it in the interest of public welfare and administrative efficiency.

administrative petition_dismissed Significant tender condition pre-qualification criteria Article 14 Article 226

Pramod Dhanji Purabiya v. The State of Maharashtra & Ors.

02 Aug 2024 · A. S. Gadkari; Dr Neela Gokhale

The Bombay High Court dismissed the petition to quash the FIR alleging rape based on a false promise to marry, holding that the allegations disclose a cognizable offence and the court cannot conduct a mini trial at the quashing stage.

criminal petition_dismissed Significant quashing of FIR Section 482 CrPC Article 226 Constitution of India false promise to marry

Yakub Baig Trust Panvel v. Ganu Mahadu Gaikar

02 Aug 2024 · Avinash G. Gharote

The High Court upheld the tenant's right to purchase land under Section 32G of the BT & AL Act, rejecting the trust's claim of exemption under Section 88-B due to lack of ownership and registration on the tillers' day.

property petition_dismissed Significant Bombay Tenancy and Agricultural Lands Act Section 88-B exemption tillers day deemed ownership

Madura Coats Employees Union v. Coats India & Anr.

01 Aug 2024 · Madhav J. Jamdar

The Bombay High Court held that union office bearers attending court proceedings are entitled to salary under Section 23 of the Maharashtra Recognition of Trade Unions Act, recognizing long-standing practices and quashing the Industrial Court's order deducting salary.

labor appeal_allowed Significant Section 23 Maharashtra Recognition of Trade Unions Act union representatives salary deduction attendance at court proceedings long-standing practice

Asset Auto India Private Limited v. The Union of India

01 Aug 2024 · K.R. Shriram; Jitendra Jain

The Bombay High Court held that the Regional Director cannot reject a scheme of amalgamation directly under Section 233 of the Companies Act, 2013, and must file an application before the NCLT if objections exist, quashing the impugned rejection order.

corporate petition_allowed Significant Section 233 Companies Act 2013 scheme of amalgamation Regional Director National Company Law Tribunal

Saddam Kadar Bedade v. S.V. Mohite

01 Aug 2024 · ARUN R. PEDNEKER

The High Court allowed the Workmen’s Compensation appeal holding that police statements under Section 161 Cr.P.C. are admissible in civil claims and the deceased was an employee entitled to compensation.

labor appeal_allowed Significant Workmen’s Compensation employment relationship Section 161 Cr.P.C. Section 162 Cr.P.C.